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This is the first in a series of stories bringing light to the dark side of the
VA’s treatment of some Veterans applying for disability. Whether out of frustration, desperation, anger, or ‘just to make it right” they contacted me, and together,
we fought the injustice. These are actual cases and claims. I have
changed names and identifying information for confidentiality reasons.
Veterans Affairs Secretary David Shulkin promised to crack down on underperforming
employees in his first televised interview since being sworn into the post last week.
Bill Rose woke up from a nap August 15 with searing pain in his lower back. The 70-year
old Vietnam Veteran felt sure he was suffering a potentially fatal condition.
It felt like blood was filling his body cavity. "You've got seconds to live," he thought, and called 911.
Vietnam veteran Mike Pomeroy thought his Purple Heart was gone forever after burglars
took it when he evacuated his home last week due to the emergency at Oroville Dam.
The Department of Defense announced a renewed effort to ensure veterans are
aware of the opportunity to have
their discharges and
military records reviewed.
Dr. Brett Valette provides Military Veterans with psychological
Independent Medical Evaluation, Independent Medical Opinions,
Nexus Letters and Ratings Reviews. For more information visit
Cook v. Snyder, #15-0873, CAVC, Jan 31, 2017
This is an interesting case and one good for veterans, discussing the limits on BVA hearings.
This was a panel decision by the CAVC (meaning 3 judges heard the case). The issue is if
veterans are limited to a single hearing before the BVA. The judges decided the following:
“We hold that a claimant who received a personal hearing at one stage of appellate
proceedings before the Board is not barred from requesting and receiving a Board hearing
during a separate stage of appellate proceedings before the Board,
namely, following a remand from this Court.”
Facts and circumstances have to fit the appeal, but a personal hearing may well be possible before
BVA for now. That is subject to change if the regulations or statutes involving appeals are changed.
(As an administrative note, yes this is a VA case before the CAVC—then who’s Snyder? He’s the
Acting Secretary of the VA, pending confirmation of President Trump’s nominee, Dr. Shulkin).
/s/Drew Early, Esq.
Christina M. Dwyer
The Talihina, Oklahoma VA is under fire again – the second time in four months – for
the care and treatment of a resident at the facility. Four months ago, one resident at the
facility was found with maggots in his wound. He died shortly thereafter of sepsis, unrelated
to the maggots. Now, a second resident at the Talihina, Oklahoma VA has suffered a
premature death. The circumstances surrounding the death of this second resident, a
seventy-year-old man, remain unclear, but an alleged witness reports that the death
“was not of natural causes,” and believes “the [medical examiner’s] office will confirm that.”
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Case Evaluations Are
You've waited 28 months.
There were 3 C & P exams.
You can't find a job.
You're behind on your
rent and everything else.
Your marriage is coming apart.
Your PTSD has reached a new level.
Now what the hell do you do?
It’s going to be even harder for U.S. military service members and veterans – especially younger
ones -- to obtain opioid pain medication. The Department of Veterans Affairs and the
Department of Defense have released a new clinical practice guideline for VA and
military doctors that strongly recommends against prescribing opioids for
long-term chronic pain – pain that lasts longer than 90 days.
Tuesday, February 21, 2017
For Immediate Release Contact: Tiffany Haverly (202) 225-3527
HVAC to Assess VA’s Risks for Drug Diversion
WASHINGTON, D.C. — On Monday, February 27, 2017, at 3:30 p.m. the House Committee
on Veterans’ Affairs’ Subcommittee on Oversight and Investigations will hold a
hearing entitled, “Assessing VA’s Risks for Drug Diversion.”
The hearing will examine a recently released GAO report’s findings that lack of oversight
and internal controls for prescription opioids and employee accountability put VA medical
centers at risk for drug diversion. The Associated Press recently
highlighted this report and spoke to Chairman Roe about the next steps.
The following event is open to the press:
WHO: Subcommittee on Oversight and Investigations
WHAT: “Assessing VA’s Risks for Drug Diversion”
WHEN: 3:30 p.m., Monday, February 27, 2017
WHERE: 334 Cannon House Office Building
Things You'll Need
Mail your forms, documents
and evidence here...
Department of Veterans Affairs
Claims Intake Center
PO Box 5235
Janesville, WI 53547-5235
Toll Free Fax: 844-822-5246
We recommend that you mail a copy
and then fax a copy! Yes, it's twice the
work but maybe VA will only lose one
and the other will be processed.
Remember: Use Certified Mail!
Your VA Claim
If you haven't figured it out by now,
it's time to realize you're involved in a giant paper shuffle
and this IS NOT a spectator sport.
Put down your gun
and pick up your keyboard.
The battlefield has changed.
"Contact Your Representative!!!"
How many times have you heard that?
It doesn't get easier than that.
Now that you know just who
they are, it's up to you to get in touch.
Despite surgery, an insidious tumor presses on the nerves wrapped around Thomas
Hundley’s spine. The condition has nearly crippled him. Hundley believes the tumor’s roots
formed decades ago in Vietnam where he was exposed to Agent Orange. So he filed a
disability claim with the Department of Veterans Affairs. Nine years and several tumors later,
Hundley’s case remains unresolved as he waits for the Veterans Benefits Administration’s
Roanoke Regional Office to send the claim to the Board of Veterans’ Appeals in
Washington, D.C. “VA will take all the time they want regardless of our conditions out
here in the real world,” he said. “We can do nothing but wait and, of course, die while waiting.”